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From the archives - August 2013

Widening access to the stocks and gallows?

Has the televised documentary of the Nat Fraser trial made the case for regular broadcasting from our criminal courts? This article argues that while the programme had many merits, it also had its flaws

Family migration revisited

A recent judgment offers hope to those seeking to come to the UK, who have means but not sufficient for the threshold in the Immigration Rules

The same but different

Comment from the Equality & Human Rights Commission on the Supreme Court decision in North v Dumfries & Galloway Council

Controlling tendency

Is it appropriate to ban smoking in vehicles when children are present, as a current proposal for a member's bill in the Scottish Parliament argues?

ESPC: out of the parental home

ESPC's chairman comments on its decision to transfer membership to its member firms

Offshore employment: floating goalposts?

The impact of proposed abolition of offshore employment structures and tax increase on the oil and gas industry

Reading for pleasure

This month's selection of leisure reading chosen by the Journal's Book Review Editor

Opinion column: David O'Hagan

Why, with its work on contracting, is the Scottish Legal Aid Board setting out to decide how law firms should be run? The world is different from what it seems to think

Book reviews

Reviews of Prescription and Limitation (Johnston); European Criminal Law: An Integrative Approach (Klip)


This month's Law Society of Scotland Council member profile: the succinct views of West Lothian member Nyree Conway

President's column

The past month has been one of significant publications from the Society – on the referendum debate, on legal aid contracting, on vulnerable clients and those with a disability

Make the most of your "multiples"

Registers of Scotland page: multiple applications; electronic documents consultation; 2012 Act branding

Sep rep: all to play for

As further submissions are published on whether to enforce separate representation of mortgage borrowers and lenders, latest indications are that the SGM vote could be close

The bigger they are...

Interview with Bruce MacEwen, business adviser to the biggest law firms in the USA and a keynote speaker at the Society's "Law in Scotland" conference in September

Licensed to thrill

Scottish ministers are proposing a new licensing regime for sexual entertainment. How well will it sit with other relevant licensing provisions?

Capacity challenge

In association with Wright, Johnston & Mackenzie, some key features of the current picture in renewable energy, as the industry attempts to meet ambitious Government targets

One year, and counting?

The new SLCC time bar rules could have anomalous results, and require additional care in drafting terms of business

Selling your rights... for what?

The Act allowing the new "employee shareholders" will soon come into effect, but employees will have to consider carefully what they stand to gain in return for rights surrendered

The voice of technology

In association with Voice Technologies, how one of Scotland's leading law firms has seen improved working practices with digital dictation and iPhone solutions

A serious matter

Latest criminal cases, including sentencing in rape cases; sentencing guidelines; no case to answer rulings; theft by finding; breach of the peace; football banning orders

Relocation: where are we now?

A survey of recent cases where the principal carer of a child has sought to relocate, and differences in approach between the Scottish and English courts

Whistle for reform

Whistleblowing law and practice has had a shakeup recently, but further changes are on the way

Same sex marriage: for richer, for poorer

To date the legislation on same sex marriage will not produce full equality of pension rights, but a further review is in hand

Scottish Solicitors' Discipline Tribunal

Reports of cases relating to Duncan Hamish Edward Kerr; John Knox Aitken; John Buchanan

Residential property review takes shape

The convener of the Property Law Committee answers the Journal's questions on what the working party reviewing the practice of residential conveyancing was set up to achieve

In-house lawyers seek a rising star

A new award will be presented at the dinner following this year's annual conference

Mentoring: the way forward

The Society is launching a career mentoring scheme - what is involved, and what can solicitors get out of being a mentor?

How not to win business: a guide for professionals

Tip no 7 in the tongue-in-cheek series is: cling to the hourly rate

Comm prop risks

Continuing the practice area series, some of the most common causes of claim arising in commercial property work, and possible controls to minimise the risk of their occurrence

Ask Ash

Advice column: my colleague's angry personal phone calls are distracting me

Crossed purposes

This month's Professional Practice column highlights a solicitor's inappropriate response to a conflict of interest situation in a criminal matter

Conference looks for profession to evolve

Preview of the Law in Scotland conference on 23 and 24 September, highlighting the keynote speakers

Law reform roundup

Recent work of the Law Reform Department, including children and young people; regulatory reform; EU Balance of Competences; Scottish Planning Policy

Help with the red flags

The Financial Action Task Force report on the risks facing solicitors from money launderers is a valuable source of learning